5 Steps to Prove Eligibility for FERS Disability Retirement: Step 4.
In a previous post, we outlined “5 Steps to Prove Eligibility for FERS Disability Retirement.” We outlined the 5 basic steps: Eligibility, Disability, Continuity, Reassignment, and Appeal. This post will discuss Step 4: Reassignment.
Before counseling an employee to seek disability retirement or supporting an employee’s application for disability retirement, an Agency must make every reasonable attempt to accommodate the employee. To do this, the Agency should review all vacant positions under in the Agency, at the same grade and pay, in the commuting area and determine if the employee meets the minimum qualifications. If the vacant position is available, the employee will not be approved for disability retirement.
Now, what if the Agency makes an offer of accommodation to an employee and they refuse it? It depends. If the position is in the same commuting area, the same grade/pay, and the employee can meet the minimum qualifications, then the employee will not be eligible for disability retirement benefits if they refuse the offer.
However, the employee must be able to meet the minimum qualifications - so if the offer is for a position that the employee cannot do because of the disease or injury, then the Agency’s offer is not reasonable.
Before rejecting any offer of reasonable accommodation, it is in your best interest to consult with an attorney experienced in laws governing Federal Employment. Rejecting an offer of an accommodation can having detrimental and conflicting results on an employee’s rights under the Americans with Disabilities Act (ADA) and the Rehab Act, any pending OWCP claims, and the employee’s eligibility for disability retirement benefits.
It is best to consult with a lawyer familiar with Merit Systems Protection Board (MSPB) appeals or a lawyer familiar with Federal employee retirement issues to discuss the facts and law of your particular case. If you have questions about your eligibility for OPM disability retirement, contact an MSPB attorney at the Attig Law Firm, PLLC, to schedule a telephone consultation.
